STELLENBOSCH LAW REVIEW
STELLENBOSSE REGSTYDSKRIF
The title of this journal may be abbreviated to Stell LR
GUIDELINES FOR CONTRIBUTORS
1Contributions
I 1Categories
The following types of contribution will be considered for publication:
1 1 1Full length articles (maximum length approximately 10 000 words)
1 1 2Review articles (maximum length approximately 10 000 words)
1 1 3Notes (maximum length approximately 4 000 words)
1 1 4Case comments (maximum length approximately 4 000 words)
1 1 5Shorter book reviews and announcements (maximum length approximately 1 000 words)
Remarks:
Save for 1 1 5 supra each type of contribution in one official language must be furnished with a summary not exceeding 300 words in the other official language.
One page typed in double spacing contains approximately 300 words. All guidelines on length include footnotes.
A review article is an in depth discussion of a subject or a series of related subjects pursuant to a recent book or books on the relevant subject(s). Such article qualifies for a subsidy in an accredited journal.
The same standards of evaluation which apply to full length articles, also apply to notes and case comments, so that these contributions will also normally qualify for a subsidy in an accredited journal.
1 2Manuscripts
1 2 1All contributions must be sent to The Editor, Stellenbosch Law Review, Faculty of Law, University of Stellenbosch,Stellenbosch, 7600.
1 2 2Manuscripts (including footnotes and summaries) should be typed in double spacing on one side only of A4 paper and if possible should be accompanied by a computer diskette containing the complete contribution. The relevant computer programme should also be specified.
Three copies of a manuscript are required for evaluation purposes (see 1 3 infra).
1 2 3Footnotes, consecutively numbered, should be furnished separately on consecutive pages at the end of the manuscript.
1 2 4Contributions will only be considered for publication if they comply with the house style of this journal which is comprehensively set out below.
1 2 5If an author is uncertain of the correct style for the citation of a reference, the relevant reference should be indicated by an X in red in the margin at the place where it occurs.
1 2 6An author will receive 20 offprints of his or her article after publication and two copies of the journal in which it appears.
1 3Evaluation
All contributions for publication will be evaluated by the Editors as well as at least one member of the Editorial Advisory Board (or an external referee recommended by the Board). Contributions are submitted anonymously for evaluation.
1 4 Uniform style
Unless otherwise specified, the house style for all categories of contributions referred to in 1 1 1-1 1 5 supra is identical.
1 5 Page charges
Page charges may be levied. Contributors will be contacted individually in this regard.
Comment:
The tariff is R65,00 per page with a minimum of R650,00 for full length and review articles and R450,00 for all other contributions (except shorter book reviews or announcements for which no page charges will be levied).
2Title and author(s)
2 1All contributions must be provided with a short, descriptive title.
2 2In the case of review articles, case comments and shorter book reviews, the title must be followed by a subtitle in square brackets.
Examples
[Review article pursuant to Sakereg by CG van der Merwe Second edition Butterworths Durban 1989 xiii and 848 p. Price R111,00 + VAT (hard cover) and R89,00 + VAT (soft cover).]
[Discussion of the judgment of Smuts JP in De Wet v Rajuili 1989 4 SA 146 (0).]
[Review of Farlam and Hathaway Contract: Cases, Materials and Commentary by GF Lubbe & CM Murray Third edition Juta Cape Town 1988 xxxvii and 788 p . Price R128,00 + VAT (hard cover) and R88,OO + VAT (soft cover).]
2 3After the title of each contribution (except for shorter book reviews), the name of the author, his or her qualifications and an indication of the author's present position and institutional affiliation must be given on consecutive lines.
Example
Hennie Erasmus (or HJ Erasmus)
MA LLB D Litt et Phil
Professor of Private Law, University of Stellenbosch
(or Judge, Appellate Division; Advocate, Cape Bar: Attorney, Johannesburg, etc)
2 4In the case of a shorter book review, only the name of the reviewer should be given at the end.
3Literary style
3 1Abbreviations and punctuation
3 1 1No abbreviations should be used in the text; the maximum use of abbreviations should be made in footnotes. The use of abbreviations must be consistent throughout a contribution.
3 1 2 The use of full stops and spaces in abbreviations should be avoided.
Examples
eg i e etc USA SALJ LLD UCT SA
3 1 3When making cross-references to sources in footnotes, use the abridged title (see 4 2 2 infra). Abbreviations such as op cit, loc cit, ibid and id should never be used.
The following general guidelines, by way of example, apply to abbreviations which are commonly used in footnotes to legal articles (see also 4 5 3 infra):
ch-chapter(s)
par-paragraph(s)
n-footnote(s)
2 ed-second edition
et seq-and the following
cf-compare
The abbreviation "p" for "page" should never be used in footnotes-see 4 1 2 infra
3 1 4Where reference is made to a particular judge, the surname of the judge followed by his or her abbreviated official title (in capital letters) should be used in both the text and footnotes.
The following abbreviations are used:
J-judge
JA-judge of appeal
CJ-chief justice
JP-judge president
DJP-deputy judge president
AJ-acting judge
AJA-acting judge of appeal
3 1 5Where words appear in brackets, punctuation marks (full stops, commas, colons, etc) must always be placed after the final bracket. However, if a complete sentence within a paragraph appears in brackets, the full stop must be placed in front of the last bracket.
3 1 6As a rule, references to footnotes should appear after punctuation and quotation marks, eg
.1 ,2 ;3 )4 .”5and not1. 2, 3; 4) .5”
3 2Quotations and quotation marks
3 2 1Quotations should be used sparingly (preferably only as a striking example) and should be as brief as possible.
3 2 2When a complete sentence is quoted (or when a portion of a complete sentence is quoted as a separate sentence), the quotation must appear as a separate paragraph with a 1 cm indent on both sides.
3 2 3Quotations should correspond exactly with the original (i e as regards the use of capital letters and punctuation marks). However, for quotes within a quotation, double quotation marks should be replaced by single quotation marks.
3 2 4Any changes or additions to a quotation should be placed in square brackets.
Examples
"[T]he..."; "In his [the plaintiff's] opinion...”
3 2 5Quotations should not start, but may end with ellipses (. . .). Upper and lower case letters may be adapted with the aid of square brackets to indicate that the quotation starts in the middle of a quoted sentence.
3 2 6 Quotations should not be typed in italics-see too 3 3 1 infra.
3 2 7Double quotation marks ("...") should be used for all quotations and single quotation marks for a quote within a quotation (“..’...’..”).
3 2 8As a rule, quotation marks at the end of a quotation should be placed after the last punctuation mark (full stop, comma, etc) within the quotation.
3 3Italics (or underlining in the manuscript)
3 3 1Quotations should not be typed in italics (except and in so far as the original quotation is italicised and subject to 3 3 3 infra).
3 3 2Words from any language other than that in which the contribution is written, should be typed in italics and not placed in quotation marks.
3 3 3 Italics should be used to emphasise words, clauses or sentences.
3 4Capital letters
(Refer to the Afrikaans version of this guide for the use of capital letters in Afrikaans contributions.)
3 4 1The use of capital letters should be limited to proper names, full titles or designations. Lower case letters are used in general designations.
Examples
the Cape Provincial Division, the Minister of Justice, the Department of Trade and Industry, the Interpretation Act etc, but the judge, the supreme court, the minister, the act, etc.
3 4 2In headings, a capital letter should only be used for the first letter of the first word, except where the further use of capital letters in the heading is an orthographic requirement (eg for place-names and surnames).
3 4 3All footnotes should begin with a capital letter and end with a full stop.
3 5Headings and numbers
3 5 1Extensive use should be made of subtitles in order to subdivide contributions into logical units. This applies to all types of contribution. Please refer also to the instructions in 3 4 2 supra.
3 5 2 When dividing a contribution into numbered units or paragraphs, the following style should be used (omitting stops between numerals):
1
1 1
1 1 1
1 1 2
1 2
2
3
3 1
3 1 1
3 1 1 1
3 1 1 2
3 1 2
3 2
The following should be used as sparingly as possible: 1) (1) (i) (ii) (I) (III) (a) (d), etc. If the use of one of these styles is essential, lower case Roman numerals are preferable.
3 6Numerals
Numbers below 20 should be written in full (except in the case of page-references or when used with a % sign); numbers of 20 and more should be expressed as numerals.
3 7General
Avoid expressions like "the learned judge”, "respectfully" and "with respect".
[3 7 2-3 7 4 of the Afrikaans Outeursinligting not applicable]
4References
4 1Page-references-general comments
4 1 1 Whenever possible, page-references should be limited to footnotes.
Examples
"the writer alleges"1 or "according to the court"2
Footnote
1 519.
2 846A
and not "the writer alleges on page 519" and "according to the court at 846A".
4 1 2For page-references in footnotes, only the number of the page should be given; a “p” preceding the number is unnecessary. Similarly, "on 519" or "at 846A" should be avoided; the page-number alone is sufficient.
4 1 3 For references to consecutive pages, page-numbers should be given in full. (See also 4 4 1 5 infra regarding the citation of cases.)
Example
325-334 or 325-329 (and not 325-34 or 325-9).
4 1 4Supra and infra (in italics) should be used throughout for "above" and "below" respectively.
4 2Books, theses and official publications
The following information should be furnished seriatim
4 2 1 Surname(s) of authors without initials.
If there is more than one author, all should be referred to in conjunction with the full title (see 4 2 2 infra). Where there are more than two authors, only the first author, followed by "et al" (not in italics) is cited with an abridged title (see 4 2 2 infra).
If a work has been subsequently revised by different authors, the names of the original authors are cited as part of the full title (but not an abridged title-see 4 2 2 infra).
4 2 2The full title of a book is cited where the book is referred to for the first time. For subsequent references, an abridged title consisting of descriptive catchword(s) is used.
Capital letters are used for all nouns in the title as well as for adjectives which are conceptually linked to the nouns through professional or technical usage, eg Civil Procedure, Civil Disobedience, etc.
Both full and abridged titles should be printed in italics. If the book consists of more than one volume, In both the full and abridged titles, the number of the volume, in capital Roman numerals in italics, should be inserted after the title, without being preceded by eg vol or bk. Where the same source is referred to in two or more consecutive footnotes, page-numbers only may be used instead of the abridged title.
4 2 3For second and later editions of a book the number of the edition is only used with the full title.
4 2 4The year of publication appears in brackets (to prevent confusion with page-numbers). Abridged titles should not contain the year of publication.
4 2 5 Contributions to collective works should be identified separately. The name(s) of the editor(s) (if any) followed by (ed)/(eds) in brackets and the title of the collective work should also be mentioned in the full title.
4 2 6Multiple sources in a footnote should be separated from each other by semicolons.
Examples illustrating 4 2 1-4 2 6 supra
Standard
Pretorius Burgerlike Prosesreg in die Landdroshowe I (1986)116-129 (full title) or Pretorius Burgerlike Prosesreg 1116-129 (abridged title).
Two authors
Van Zyl & Van der Vyver Inleiding tot die Regswetenskap 2 ed (1982) 526 (full title) or Van Zyl & Van der Vyver Inleiding 526 (abridged title). (Note the use of & instead of "and".)
More than two authors
Barnard, Cronje & Olivier Die Suid-Afrikaanse Persone- en Familiereg (1986) 225-229 (full title) or Barnard et al Persone- en Familiereg 225-229 (abridged title).
Later revisions
Erasmus & Van Loggerenberg Jones and Buckle: The Civil Practice of the Magistrates' Courts in South Africa I 8 ed (1988) 331 (full title) or Erasmus & Van Loggerenberg Civil Practice I331 (abridged title).
Thesis
Du Plessis Die Reg op Inligting en die Openbare Belang (1986) 226-228 (full title) or Du Plessis Reg op Inligting 226-228 (abridged title).
Official publications
RSA First Report of the Constitutional Committee of the President's Council PC 3/1982 112--115 (full title) or Constitutional Committee 112-115 (abridged title).
Comment:
If a report has a number, the number should be used instead of the date.
SA Law Commission
SA Law Commission Group and Human Rights Project 58 Working Paper 25 (1989) 277-279 (full title) or Group and Human Rights 277-279 (abridged title).
Contributions to collective works
Cameron Civil Disobedience and Passive Resistance in Corder (ed) Essays on Law and Social Practice in South Africa 219 225 (219 indicates where the contribution begins and 225 is the specific page to which reference is made) (full title) or Cameron Civil Disobedience 225 (219 is not mentioned again) (abridged title).
LAWSA
LAWSA XV1I Mortgage and Pledge par 398-402 (full title) or LAWSA XVII par 398-402 (abridged title).
Comment:
Paragraph-references instead of page-numbers should be used for references to LAWSA.
Unpublished papers etc
Du Plessis The Courts, the Legal Profession and the Legal Process in a future South Africa (1989) Unpublished paper read at a conference A new Jurisprudence for a future South Africa hosted by the Centre for Human Rights Studies at the University of Pretoria, 1990-10-26 (full title) or Du Plessis Courts, Legal Profession and Legal Process (abridged title).
4 3Journal and newspaper articles
4 3 1The same principles as those in 4 2 supra apply mutatis mutandis to journal and newspaper articles.
4 3 2 The following information should be furnished seriatim:
4 3 2 1Author(s) (see also 4 2 1 supra).
4 3 2 2The title of the article between double quotation marks in Roman type (not italics) (see also 4 2 2 supra: see however 4 3 2 6 infra for abridged references to articles in journals).
The titles of articles in newspapers and popular magazines should be cited in a similar manner, but if a report in a newspaper is referred to, the heading of the report should be omitted.
4 3 2 3The volume of a journal should only be identified by the year. Volume numbers (followed by the issue in brackets) are only used where issues comprising a volume are paginated separately.
Issues of newspapers and popular magazines are identified by means of the full date of publication after the name, using the format (yy-mm-dd).
4 3 2 4The name of the journal in italics, making maximum use of recognised abbreviations.
However, abbreviations should not be used for the names of newspapers and popular magazines.
4 3 2 5 The number of the page on which the article begins, followed by the number(s) of the specific page(s) to which reference is made.
4 3 2 6The full reference to the article should only be used when it is cited for the first time. For subsequent citations an abridged reference should be used (see too 4 2 2 supra). An abridged reference to an article should mention the author, volume reference (see 4 3 2 3 supra), the name of the journal and the specific page to which reference is made.
4 3 2 7If an article is published in instalments, the specific instalment to which reference is made should be identified in the same way as the volume number of a book (see 4 2 2 supra). The Roman numeral follows directly after the title of the article, inside the quotation marks. It is not necessary to identify the instalment in an abridged reference to an article.
4 3 2 8 When referring to case comments or book reviews, either the title under which it originally appeared or the name of the case or book should be used in the full title reference.
Examples illustrating 4 3 2 1-4 3 2 8 supra
Standard
Simamba "The International Labour Organisation and the Right to
Collective Bargaining: An African Perspective" 1989 SALJ 517 521-523
(full reference) or Simamba 1989 SALJ 521-523 (abridged reference)
Article in instalments
Bertrand "The Abortion and Sterilization Act 2 of 1975: A third option II"
1978 SACC 263 271-272 (full reference) or Bertrand 1978 SACC 271-272
(abridged reference).
Case comments
Schoeman "Gesamentlike Bewaring van Kinders" 1989 THRHR 462 465
(full reference) or Schoeman 1989 THRHR 465 (abridged reference).
Du Plessis & Olivier "Ngqumba V Staatspresident, Damons NO v
Staatspresident, Jooste v Staatspresident 1988 4 SA 224 (A)" 1989 SA
Public Law 134 136-137 (full reference) or Du Plessis & Olivier 1989 SA
Public Law 136-137 (abridged reference).
Comment:
The case's full name, precisely as it appears in the original, should be used.
Book review
De Beer "Die Wisselverrykingseis en die Eurotjek in die Duitse Reg deur AN
Oelofse" 1989 THRHR 472 473~ (full reference) or De Beer 1989 THRHR
473 (abridged reference).
Comment:
This method of citation should always be used for the reference, irrespective of the form of the original.
Newspaper article
Du Plessis "SA Howe- Grammofone of Politieke Kanaalgrawers?" Rapport (1986-05-18) 23 (full reference) or Du Plessis Rapport (1986-05-18)
23 (abridged reference).
Newspaper report
When a statement in the text must be supported by data from a newspaper report, only the following particulars should be furnished in the footnote:
Die Burger (1989-06-05) 6.
4 4Cases
4 4 1General guidelines
4 4 1 1Generally accepted methods of citation should be used whenever possible, having regard, however, to the principles set out in 4 4 1 2-4 4 1 7 infra.
4 4 1 2 The name of the case should be in italics.
4 4 1 3 Punctuation marks and brackets should be omitted except in post-1946 references where the jurisdiction reference in capital letters should be placed in round brackets.
Examples
(A), (T), (SECL), etc.
Punctuation marks should be omitted whenever possible from the name of a case.
Example
(Pty) Ltd and not (Pty.) Ltd.
4 4 1 4Designations such as "and another/others" or "en 'n ander/andere" should be omitted but not "NO" or "NNO". Where, however, "NNO" is preceded by "and another/others or “en ‘n ander/ andere", the latter designations are also retained.
4 4 1 5Words like "on" or "at" preceding a page reference are unnecessary. Only the relevant page-number(s) should be mentioned. Where paragraphs are also numbered, eg A, B, C, etc (as in the SA Law Reports), paragraph references should preferably be included.
Examples
846A, 223B-D or 331C-332D.
4 4 1 6Where multiple case references are contained in a footnote, they should be separated from each other by semicolons.
4 4 1 7A full case reference may be regarded as the "full title" of a case, whereas the name of the case followed by supra is the "abridged title". In this connection 4 2 2 supra applies mutatis mutandis. A form like "the Firestone case" or "in Milne's case" is permissible in an appropriate context (including footnotes).
4 4 2SA Law Reports after 1946 and Prentice-Hall